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PC Resolution 2023-002 Rancho LQ Dr 79075 (Howard) Front Yard Setback VAR 2022-0001PLANNING COMMISSION RESOLUTION 2023-002 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A VARIANCE TO ALLOW FOR A REDUCTION OF THE FRONT YARD SETBACK LOCATED AT 79075 RANCHO LA QUINTA DRIVE CASE NUMBER: VARIANCE 2022-0001 APPLICANT: DOUG HOWARD WHEREAS, the Planning Commission of the City of La Quinta, California did, on the January 24, 2023, hold a duly noticed Public Hearing to consider a request by Doug Howard for approval of a residential variance to reduce the front yard setback located at 79075 Rancho La Quinta Drive, more particularly described as: APN 602-100-010 WHEREAS, the Design and Development Department published a public hearing notice in The Desert Sun newspaper on January 13, 2023 as prescribed by the Municipal Code. Public hearing notices were also mailed to all property owners within 500 feet of the site; and Variance 2022-0001 WHEREAS, at said Public Hearing, upon hearing and considering all testimony and arguments, if any, of all interested persons desiring to be heard, said Planning Commission did make the following mandatory findings pursuant to Section 9.210.030 of the La Quinta Municipal Code to justify approval of said Variance: 1. Consistency with General Plan The proposed development is consistent with the General Plan land use designation of Low Density Residential. The City's General Plan Low - Density Residential designation is designed to accommodate a broad range of residential land uses, including casitas or "guesthouses". The City's General Plan policies relating to Low -Density Residential encourage a broad range of residential uses within the City, and the proposed use maintains those policies. The proposed project is consistent with the following Goals, Programs, and Policies: PLANNING COMMISSION RESOLUTION 2023-002 VARIANCE 2022-0001 LOCATION: 79075 RANCHO LA QUINTA DRIVE ADOPTED: JANUARY 24, 2023 PAGE 2 OF 4 • Goal LU-2 as the project consists of high -quality design that complements and enhances the City. The project design complements an existing high -quality traditional Spanish style, and utilizes varying roof lines and wall depths, along with a complementary color palette. • Policy LU-5.2 in considering changes in market demand in residential product type to meet the needs of current and future residents. • Goal SC-1 in that it provides a community that provides the best possible quality of life for all its residents by providing alternative housing types within La Quinta. • Goal H-1 in providing housing opportunities that meet the diverse needs of the City's existing and project population. The guesthouse of this type provides a diverse type of residential project. 2. Consistency with Specific Plan The proposed development, as conditioned, is consistent with the development standards of the Rancho La Quinta Specific Plan and the purpose and intent of Planning Area I. The project satisfies the intent to provide for the development of low -density neighborhoods with the ability to construct a casita. 3. Compliance with California Environmental Quality Act (CEQA) The La Quinta Design and Development Department has determined that this project is exempt from environmental review pursuant to section 15305(a) of the California Environmental Quality Act in that the proposed project can be characterized as minor alterations in land use limitations. 4. Surrounding Uses As conditioned, approval of the application will not create conditions materially detrimental to the public health, safety, and general welfare or injurious to or incompatible with other properties or land uses in the vicinity. The project is surrounded by existing residential developments and is constructed in a way to not impede on the existing homes closest to this project. PLANNING COMMISSION RESOLUTION 2023-002 VARIANCE 2022-0001 LOCATION: 79075 RANCHO LA QUINTA DRIVE ADOPTED: JANUARY 24, 2023 PAGE 3 OF 4 5. Special Circumstances There are special circumstances applicable to the subject property, including size, shape, location and surrounding, which, when the zoning regulations are strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity subject to the same zoning regulated. The existing conditions and infrastructure make it difficult to make an addition in the front yard. The property line is located 38 ft from the street making the majority of the front yard unbuildable. Four other homes on this street already encroach into the front yard setback area. There are special circumstances applicable to the subject property, including location and setback of surrounding homes, which, when the setback standard is strictly applied, deprive the property of privileges enjoyed by other properties in the vicinity. Constructing a casita in this area would not impact the existing street scene. All other requirements on density, setbacks, and lot coverage are being met. All other Rancho La Quinta Specific Plan standards are met. The variance request is to establish a 10-foot front yard setback. 6. Preservation of Property Rights The granting of the variance is necessary for the preservation of a substantial property right possessed by other properties in the same vicinity and zoning district, and otherwise denied to the subject property. The adjustment authorized allows for the development of this casita and fits the character of the existing community. Without the adjustment, the project is not able to be developed as intended. 7. No Special Privileges The conditions of approval assure that the adjustment authorized will not constitute a grant of special privileges which are inconsistent with the limitations placed upon other properties in the vicinity subject to the same zoning regulations. The adjustment authorized allows for the development of this project as a low -density project within a low -density zone. Without the adjustment, the project is not able to be developed as intended. 8. No Land Use Variance The approval does not authorize a land use or activity which is not permitted in the applicable zoning district. Casitas (guesthouses) are allowed within the Low -Density Residential district. PLANNING COMMISSION RESOLUTION 2023-002 VARIANCE 2022-0001 LOCATION: 79075 RANCHO LA QUINTA DRIVE ADOPTED: JANUARY 24, 2023 PAGE 4 OF 4 NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of La Quinta, California, as follows: SECTION 1. That the above recitations are true and constitute the Findings of the Planning Commission in this case; and SECTION 2. That the above project is exempt from environmental review pursuant to Section 15305(a) of the California Environmental Quality Act in that the proposed project involves minor alterations in land use limitations; and SECTION 3. That it does hereby approve Variance 2022-0001, for the reasons set forth in this Resolution and subject to the attached Conditions of Approval [Exhibit A]; and PASSED, APPROVED, and ADOPTED at a regular meeting of the City of La Quinta Planning Commission, held on this the January 24, 2023, by the following vote: AYES: Commissioners Caldwell, Hassett, McCune, Nieto, Tyerman and Chairperson Currie NOES: None ABSENT: Commissioner Guerrero ABSTAIN: None ATTEST: r LORETTA URRIE, Chairperson City of La Quinta, California DANNY CASTRD, Design and Development Director City of La Quinta, California PLANNING COMMISSION RESOLUTION 2023-002 CONDITIONS OF APPROVAL - ADOPTED VARIANCE 2022-0001 LOCATION: 79075 RANCHO LA QUINTA DR VARIANCE ADOPTED: JANUARY 24, 2023 Page 1 of 1 GENERAL EXHIBIT A 1. The applicant agrees to defend, indemnify, and hold harmless the City of La Quinta ("City"), its agents, officers and employees from any claim, action or proceeding to attack, set aside, void, or annul the approval of this Variance recorded thereunder. The City shall have sole discretion in selecting its defense counsel. The City shall promptly notify the applicant of any claim, action or proceeding and shall cooperate fully in the defense. 2. The future home expansion shall be submitted for approval to the Design and Development Director to determine consistency with Variance 2022-0001 during building permit review.